II
111th CONGRESS
1st Session
S. 763
IN THE SENATE OF THE UNITED STATES
April 1, 2009
Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act, to authorize temporary mortgage and rental payments.
Short title
This Act may be cited as the
Mortgage and Rental Disaster Relief
Act of 2009
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Disaster relief
Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at the end the following:
Temporary mortgage and rental payments
Definitions
In this paragraph—
the term adjusted gross income means the adjusted gross income (as that term is defined in section 62 of the Internal Revenue Code of 1986) of the relevant individual or household for the last taxable year that such individual or household filed a tax return; and
the term financial hardship caused by a major disaster means that an individual or member of a household—
is employed by a business, or owns a business, located in the area for which the President declared the relevant major disaster;
became unemployed, or lost significant income, because the employer or business of that individual or member of a household has or, on the day before the date of the relevant major disaster, had a significant business relationship with a business located in the area for which the President declared the relevant major disaster; or
resides in the area for which the President declared the relevant major disaster and has suffered financially due to travel restrictions or station or road closures in effect after the date of that major disaster.
Authorization
In accordance with this paragraph, the President may provide assistance on a temporary basis in the form of mortgage or rental payments to or on behalf of individuals and households who, as a result of financial hardship caused by a major disaster, have received written notice of dispossession or eviction from a residence by reason of a foreclosure of any mortgage or lien, cancellation of any contract of sale, or termination of any lease, entered into before such major disaster.
Eligibility
Income
In general
Except as provided in subclause (II), an individual or household may receive assistance under this paragraph if the adjusted gross income of that individual or household was not more than $75,000.
Areas with a high cost of living
An individual or household that, on the day before the date of the relevant major disaster, resided in an area with a high cost of living, as determined by the President, may receive assistance under this paragraph if the adjusted gross income of that individual or household was not more than $100,000.
Adjustment
The President shall adjust the limits established under clause (i) annually to reflect inflation.
Period of assistance
Assistance under this paragraph shall be provided for the duration of the period of financial hardship caused by a major disaster, not to exceed 18 months.
Procedures
In general
An individual or household seeking assistance under this paragraph shall submit an application in such manner and accompanied by such information as the President shall establish, which shall include a requirement that such an individual or household sign a statement indicating that individual or household meets the eligibility requirements under subparagraph (C).
Lack of records
If an individual or household does not have access to records necessary to demonstrate eligibility under subparagraph (C), that individual or household shall submit such records not later than 6 months after the date that individual or household applies for assistance under this paragraph.
Ineligible recipients
If an individual or household receives assistance under this paragraph and was not eligible to receive such assistance, that individual or household shall return the full amount of that assistance to the Government.
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Applicability
The amendment made by this Act shall apply to any major disaster (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) declared on or after October 21, 2007.